M I N U T E S

REGULAR MEETING OF THE CITY COUNCIL OF
THE CITY OF HOMEWOOD, ALABAMA

September 14, 2009

The City Council of the City of Homewood, Alabama convened in Regular Session on Monday, September 14, 2009 at City Hall at 6:00 p.m. The invocation was given by Reverend Joseph Hall (Bethel A.M.E. Church), after which the pledge of allegiance to the flag was given.
The meeting was called to order by the President, Jeff Underwood. Upon roll call, the following were present: Anthony Smith, Sam Scott, Allyn Elizabeth Holladay, Vance Moody, Patrick McClusky, Walter Jones, Hunter Payne, Jackie Langlow and Jeff Underwood. Absent: David Hooks and Allan Trippe. (Note: Mr. Hooks and Mr. Trippe were not present for roll call, but arrived later in the meeting - See pages 1 and 3 of these Minutes for their arrival.) Also present were: Mayor Scott McBrayer; Mike Kendrick, City Attorney; and Linda Cook, City Clerk.
At this point, the Oath of Office was administered to Mr. Patrick McClusky, newly appointed member to the Homewood City Council for Ward 3/ Place 1, by the Honorable Judge Marcus Jones. Mr. McClusky subscribed his name thereto before Judge Jones and such oath was filed with the Clerk of the City of Homewood, with a copy to be filed with the Probate Judge. Following the administering of the Oath of Office, Mr. McClusky took his seat with the other Council Members.
Mr. Hooks entered the Council Chambers at this point (6:07 p.m.).
Mr. Moody moved to dispense with the reading of the Minutes of the August 24, 2009 meeting and approve them as distributed. Ms. Holladay seconded the motion. There being no additions or deletions, the Minutes were approved without dissent.
Mr. Underwood asked if there were requests to amend tonight’s agenda. The requests were as follows:
New Business: Item No. 16.12.09 - Request to consider a transfer of approximately $14,800.00 from Line Item No. 01-14-510300/ Salaries to Line Item No. 01-14-530500/ Fuel/ Police Department. (Chief Phil Dodd/ Police Department) (Jeff Underwood/ Council President) (This item was added to the Committee Referral Agenda for referral to the Finance Committee)
New Business: Item No. 17.12.09 - Request for consideration to transfer funds to cover Council travel for the National League of Cities national committee responsibilities. (Jeff Underwood/ Council President) (This item was added to the Committee Referral Agenda for referral to the Finance Committee)
New Business: Item No. 18.12.09 - Request from Do Di Yo’s restaurant regarding issuance of necessary licenses. (Jeff Underwood/ Council President) (This item was added to the Other New Business Agenda)
Mr. Underwood stated that without objection from the Council, the aforementioned items would be added to the agenda.
Mr. Underwood stated that at this time he would like to consider the Consent Agenda.
Mr. Underwood stated that the first two items on the Consent Agenda, Item Nos. 30.09.09 - Request for consideration of a noise barrier on Ascot Lane, and 35.09.09 - Request for consideration of sidewalk on Cobb Street between Raleigh Avenue and West Oxmoor Road, were reported out as being tabled in the Public Works Committee. Mr. Underwood further stated that the items were technically still in the committee and if the committee acted in such a way that it would keep an item in committee, in terms of procedure, he saw no reason to actually report tabled items out on the Consent Agenda.
Mr. Underwood stated that without objection from the Council, he would recommend that the aforesaid Item Nos. 30.09.09 and 35.09.09 be dropped from the Consent Agenda, which would have the effect of leaving them tabled in the committee. There was no objection from the Council.
Mr. Underwood asked if there was any objection to the Consent Agenda as presented:
*CONSENT AGENDA

22.11.09 Request for consideration of reallocation between the Corrections Fund-Jail and Corrections Fund-Court - Finance Committee - Action Taken: The Finance Committee on 08/31/09 recommended dropping this item.

28.11.09 Request to re-consider the alternate for the Bi-Fold doors at the new Fire Station - Finance Committee - Action Taken: The Finance Committee on 08/31/09 recommended dropping this item. (Note: Item No. 28.11.09 was removed from the Consent Agenda and considered at the end of Old Business - See pages 3 and 17-18 of these Minutes.)

37.11.09 Request for parking lot revisions/ Do Di Yo’s Restaurant - Public Works Committee - Action Taken: The Public Works Committee on 08/31/09 recommended dropping this item.

Mr. Jones moved to approve the Consent Agenda as amended. Mr. Smith seconded the motion.
Mr. Underwood asked if the Council had any questions or comments regarding this motion.
Mrs. Langlow stated that she would like to request that Item No. 28.11.09 - Request to re-consider the alternate for the Bi-Fold doors at the new Fire Station be taken off the Consent Agenda and placed on the active Council agenda. Mrs. Langlow further stated that Chief John Bresnan (Fire Department) and Mr. Tim Coker (Project Manager/ Fire Station No. 1) were working with the manufacturers and the installers to try to lower the price. Mrs. Langlow added that she felt it was her duty to deliver the best product to serve the public and she was asking for two weeks to obtain the additional information on the final cost savings.
Mr. Underwood stated that just for the record, this action would be contrary to the recommendation of the Finance Committee.
Mr. Trippe entered the Council Chambers at this time (6:11 p.m.).
Following some discussion, Mr. Underwood stated that without objection from the Council, Item No. 28.11.09 would be taken off the Consent Agenda and taken up at the end of Old Business as a separate item. There was no objection from the Council. (See pages 17-18 of these Minutes for consideration of Item No. 28.11.09.)
Mr. Underwood stated that at this point there were two items on the Consent Agenda, Item Nos. 22.11.09 and 37.11.09.
Mr. Smith, at this point, called the question on the motion to approve the Consent Agenda as amended.
On a voice vote, the Consent Agenda was approved without dissent.
The first item of business on the agenda under Old Business was the request for consideration of a 070 - Retail Table Wine (Off Premises Only) license application for Alabama CVS Pharmacy, LLC, d/b/a CVS Pharmacy 4829 at 418 Valley Avenue.
Mr. Smith stated that the Public Safety Committee met and voted 3 - 0 to recommend, and he moved, to have no objections to the issuance of a 070 - Retail Table Wine (Off Premises Only) license application for Alabama CVS Pharmacy, LLC, d/b/a CVS Pharmacy 4829 at 418 Valley Avenue.
Mr. Underwood asked if the Council had any questions or comments regarding the Committee’s recommendation. There was no response from the Council.
Upon roll call, the votes were Ayes: Smith, Scott, Holladay, Moody, McClusky, Jones, Payne, Hooks, Langlow, Trippe and Underwood. Nays: None. The motion carried unanimously.
The next item on the agenda under Old Business was the request for consideration of pay down on unfunded pension increase rates (Carried over to the September 14, 2009, Council meeting).
Mr. Trippe asked that this matter be carried over on the Council agenda to give the Mayor some additional time to obtain some updated numbers
Mr. Underwood stated that without objection from the Council, the aforesaid item would be carried over.
The next item under Old Business was the request to discharge from the Special Issues Committee - Request for consideration for a variance to the Sign Ordinance at 2010 Brookwood Medical Center Drive.
Ms. Holladay moved to discharge from the Special Issues Committee Item No. 02.11.09 - Request for consideration for a variance to the Sign Ordinance at 2010 Brookwood Medical Center Drive. Mrs. Langlow seconded the motion.
Mr. Underwood asked if the Council had any questions or comments regarding this motion. There was no response from the Council.
On a voice vote, the motion carried without dissent.
Mr. Underwood stated that this matter was now before the Council for consideration.
Ms. Holladay stated that the Council had received a schematic and a photographic mock-up of the signage and a representative from Brookwood Medical Center was in the audience to further explain this request.
Mr. Kerry Tirman (Chief Operating Officer/ Brookwood Medical Center) addressed the Council. Mr. Tirman stated that this variance was being requested for the new entryway to the Cancer Center which was located on the back service road that wrapped around the hospital by the Medical Center Complex. Mr. Tirman further stated that the entryway was above the hill that looked out over Samford University and offset several hundred feet towards the hospital, so unless you were on the campus, it was very difficult to see. Mr. Tirman added that there was no opposition to this request from other property owners, and in fact, they could not even see the sign.
Mr. Greg Cobb (Engineering Department) addressed the Council. Mr. Cobb stated that the ordinance allowed a 50-square foot sign and the request was for 80 feet. Mr. Cobb further stated that due to the size of the building and the offsets from the road, this 30-foot variance would keep the sign in scale with the building and would seem to fit their situation a little better.
Mr. Kendrick, at this time, presented the following Resolution for Council’s consideration:
Resolution No. 09-142
(A Resolution granting to Brookwood Medical Center a 30-foot area variance to the Homewood Sign Ordinance at 2010 Medical Center Drive)

Mrs. Langlow moved for the adoption and enrollment of Resolution No. 09-142 granting a 30-foot area variance to the Homewood Sign Ordinance at 2010 Brookwood Medical Center Drive. Mr. Payne seconded the motion.
Mr. Underwood asked if the Council had any questions or comments regarding this motion. There was no response from the Council.
On a voice vote, the motion carried without dissent.
Mr. Underwood stated that this was the time and the place for the Public Hearing September 14, 2009, to consider the Homewood Planning Commission’s favorable unanimous recommendation to amend the Zoning PMUD (Planning Mixed Use District) Permitted Uses to exclude “Hotel and motel.”
Mr. Greg Cobb (Engineering Department) addressed the Council. Mr. Cobb stated that the Homewood Planning Commission considered this matter at its August, 2009, meeting and voted 6 - 0 in favor of removing “hotel and motel” from the PMUD (Planning Mixed Use District) Permitted Uses.
Mr. Underwood asked if there was anyone who wished to speak in favor of or in opposition to this matter. There was no response from the audience.
Mr. Underwood, at this time, declared the Public Hearing concluded.
Mr. Underwood asked if the Council had any questions or comments regarding this matter. There was no response from the Council.
At this time, Mr. Kendrick presented the following Ordinance for the first reading:
Ordinance No. _______
(An Ordinance to amend Subsection 2 entitled “Permitted Uses” of Section Y entitled “PMUD Planned Mixed Use District of Article IV entitled “District Uses” of Appendix A entitled “Zoning Ordinance of the City of Homewood, Alabama)

Following the first reading, the aforementioned matter was referred to the Planning and Development Committee.
The next item on the agenda under Old Business was the request to consider management of Rosewood Hall.
Mr. Trippe stated that the Finance Committee met and voted 3 - 1 to recommend asking for an Attorney General’s Opinion on whether the contract for the management of Rosewood Hall needed to be competitively bid.
Mr. Kendrick stated that he had spoken to the Attorney General’s Office, Opinions Division, and it was their opinion that the City would be best served by asking for proposals for this matter, so that would be his recommendation which he had put in a memo to the Council.
Mr. Trippe asked if it needed to be Request for Proposals (RFP) or actually competitive bid.
Mr. Kendrick stated that as long as it was opened up for competitive proposals, RFP’s would be sufficient.
Mr. Trippe stated that Mr. Smith had made the motion to request the Attorney General’s Opinion in the Finance Committee and if he would withdraw that motion, then he would request that the matter be referred back to the Finance Committee to begin working on the RFP’s.
Mr. Smith stated that since the matter would be sent out for proposals, then that was sufficient for him.
Mr. Smith, at this point, withdrew his motion previously made in the Finance Committee. Ms. Holladay withdrew her second.
Mr. Underwood stated that without objection from the Council, the aforesaid item would be referred back to the Finance Committee. There was no objection from the Council.
Mr. Underwood stated that everything about the process concerning the aforesaid matter from the time the Mayor brought a proposal to the Council to consider had been done on the public record, in public meetings and copies of documents had been provided without hesitation on the City’s part. Mr. Underwood further stated that if anybody wanted any information about when a meeting was being held or wanted copies of anything, they should feel free to ask and the City would provide that information as always. Mr. Underwood added that he would hope that the Finance Committee would provide an opportunity for members of the public to comment on this matter, but if that opportunity was not provided in the Finance Committee, then he would allow open discussion about this matter in the Council meeting before the Council voted on the issue.
The next item under Old Business was the request for consideration of a 140 - Special Events Retail liquor license application for Event Concessions, Inc. d/b/a Magic Moments Kickn Chickn Wing Fest at 2800 Highway 280 South.
Mr. Smith stated that the Public Safety Committee met and voted 4 - 0 to recommend, and he moved, to have no objections to the issuance of a 140 - Special Events Retail liquor license application for Event Concessions, Inc. d/b/a Magic Moments Kickn Chickn Wing Fest at 2800 Highway 280 South.
Mr. Underwood asked if the Council had any questions or comments regarding the Committee’s recommendation. There was no response from the Council.
Upon roll call, the votes were Ayes: Smith, Scott, Holladay, Moody, McClusky, Jones, Payne, Hooks, Langlow, Trippe and Underwood. Nays: None. The motion carried unanimously.
Mr. Trippe stated that the Finance Committee met and voted 3 - 0 to recommend authorizing an expenditure of up to $17,000.00 for the purchase of an undercover Narcotics vehicle to be funded from the Narcotics Fund. Mr. Trippe further stated that the vehicle would be purchased off the State Bid List once the Police Department determined what vehicle they wished to purchase.
Chief Phil Dodd (Police Department) addressed the Council. Chief Dodd stated that the request was actually to be allowed to expend up to $25,000.00 for the vehicle. Chief Dodd further stated that he did not believe that the vehicle would cost more than about $22,000.00 by the time it was outfitted, but a vehicle could not be purchased off the State Bid List for $17,000.00 with all of the specialized equipment. Chief Dodd added that sufficient funds were available in the Narcotics Fund to cover the expenditure up to $25,000.00.
Mr. Trippe stated that without objection from the Finance Committee, he would recommend amending the Committee’s recommendation to authorize up to $25,000.00 per the request and recommendation of Chief Phil Dodd. There were no objections.
Mr. Kendrick, at this time, presented the following Resolution for Council’s consideration:
Resolution No. 09-143
(A Resolution authorizing an expenditure of up to $25,000.00 from the Narcotics Fund for the purchase of a Narcotics vehicle for the Police Department)

Mr. Trippe moved for the adoption and enrollment of Resolution No. 09-143, as amended, authorizing an expenditure of up to $25,000.00 from the Narcotics Fund for the purchase of a Narcotics vehicle. Mrs. Langlow seconded the motion.
Mr. Underwood asked if the Council had any questions or comments regarding this motion. There was no response from the Council.
On a voice vote, the motion carried without dissent.
Mr. Moody stated that the Public Works Committee met and voted 3 - 0 to recommend granting permission to make improvements in the public right-of-way (unopened alleyway) adjacent to 319 Laurel Place contingent on the following conditions: A fully executed indemnity agreement, plans approved by Mr. Greg Cobb (Engineering Department), Ms. Rachel Craige (the requester) would be responsible for the cost of clearing the underbrush and she would obtain permission from the utility companies (Alabama Power Company, etc.) to work in the utilities right-of-way.
At this time, Mr. Kendrick presented the following Resolution for Council’s consideration:
Resolution No. 09-144
(A Resolution permitting the construction of certain improvements in the public right-of-way [unopened alleyway] adjacent to the property located at 319 Laurel Place subject to the execution of a Municipal Right-of-Way Improvement Permit and Indemnification Agreement; plans to be approved by Greg Cobb [Engineering Department]; and the requester, Rachel Craige, being responsible for the costs of clearing the underbrush and Ms. Craige to obtain permission from the utility companies to work in the utilities right-of-way)

Mr. Moody moved for the adoption and enrollment of Resolution No. 09-144.
Mr. Underwood asked if the Council had any questions or comments regarding the Committee’s recommendation. There was no response from the Council.
On a voice vote, the motion carried without dissent.
Mr. Underwood stated that this was the time and the place for the Public Hearing September 14, 2009, for consideration to revoke the business license of West City Disco.
Chief Phil Dodd (Police Department) addressed the Council. Chief Dodd stated that a number of years ago an ordinance was adopted that clearly stated that any business that sold alcohol for consumption on premises was to be closed at 2:00 a.m. until 6:00 a.m. the next morning. Chief Dodd further stated that on August 8, 2009, Officer Morgan went by West City Disco and told them they were going to have to close and needed to have everybody out. Chief Dodd added that the doors were closed and locked, but an emergency door was found to be open about 10 to 15 minutes later and about 20 people were observed inside dancing and drinking beer. Chief Dodd further added that the gentleman at West City Disco refused to sign the citation and was placed under arrest because of his refusal and bonded.
Chief Dodd stated that there were a number of incidents that had occurred in that area and 14 of those incidents were directly related to West City Disco on anything from a public intoxication to attempted murder involving two rival gangs. Chief Dodd further stated he did not have a recommendation, but he felt it was important that these businesses that had a responsibility above and beyond what other businesses have in the City be held responsible for their actions and he just wanted to bring this to the Council’s attention. Chief Dodd distributed copies of the police incident reports to the Council describing the incidents he had referred to.
Mr. Underwood asked if there was anyone who wished to speak in favor of or in opposition to this matter.
Mr. Rob Barber (Attorney/421 Valley Avenue/ representing West City Disco) addressed the Council. Mr. Barber stated that he just wanted to make it clear that the allegation regarding the attempted murder actually occurred at an adjacent property. Mr. Barber further stated that the report said something different, but the actual police officer that was working the door on the night that that the incident occurred, stated that the shooting happened at an adjacent property and then they came onto the parking lot of West City Disco. Mr. Barber added that in regard to the incident of August 8, 2009, he had a conversation with Chief Dodd who had clarified how the enforcement of the regulations would go forward. Mr. Barber further added that it was now crystal clear that at 2:00 a.m. everyone had to be out and his clients had made a commitment that from here on out that would happen.
Mr. Underwood asked if there was anyone else who wished to speak in favor of or in opposition to this matter. There was no response from the audience.
Mr. Underwood, at this point, declared the Public Hearing concluded.
Mr. Underwood asked if the Council had any questions or comments regarding this matter. There was no response from the Council.
Mr. Underwood stated that the aforesaid request for consideration to revoke the business license of West City Disco would be referred to the Public Safety Committee.
The next item on the agenda under Old Business was the request for consideration of equipment upgrades for Rosewood Hall.
Mr. Trippe stated that the Finance Committee met and voted 3 - 0 to recommend transferring $2,000.00 from Line Item No. 01-11-5-702.30/Travel and Conference Ward 1/ Place 1 (Tony Smith)/ General Fund Budget 2008/2009 and further recommended transferring $810.96 from Line Item No. 01-11-5-702.20/Travel and Conference Council President (Jeff Underwood)/ General Fund Budget 2008/2009 for a total of $2,810.96 to Line Item No. 01-26-5-401.00/ Building and Land Maintenance/ General Fund Budget 2008/2009 to purchase a new sink and installation expenses of the new sink and to purchase new lights for Rosewood Hall.
Mr. Kendrick, at this time, presented the following Resolution for Council’s consideration:
Resolution No. 09-145
(A Resolution amending the General Fund Budget for the fiscal year 2008/2009 to provide for the following transfers: $2,000.00 from Line Item No. 01-11-5-702.30/Travel and Conference Ward 1/ Place 1 (Tony Smith)/ General Fund Budget 2008/2009 and $810.96 from Line Item No. 01-11-5-702.20/Travel and Conference Council President (Jeff Underwood)/ General Fund Budget 2008/2009 for a total of $2,810.96 to Line Item No. 01-26-5-401.00/ Building and Land Maintenance/ General Fund Budget 2008/2009 to purchase a new sink and installation expenses of the new sink and to purchase new lights for Rosewood Hall)

Mr. Trippe moved for the adoption and enrollment of Resolution No. 09-145.
Mr. Underwood asked if the Council had any questions or comments regarding the Committee’s recommendation. There was no response from the Council.
On a voice vote, the motion carried without dissent.
The next item under Old Business was the request for consideration of the following transfers: $5,000.00 to Line Item No. 20-510500/ Overtime from Line Item No. 20-510400/ Wages (On call maintenance and tournaments); $4,500.00 to Line Item No. 20-510800/ Pension from Line Item No. 20-510400/ Wages; and $12,000.00 to Line Item No. 20-510900/ Health Insurance from Line Item No. 20-510400/ Wages/ Park and Recreation Department.
Mr. Trippe stated that the Finance Committee met and voted 3 - 0 to recommend the transfers as delineated above and recommended by Mr. Berkley Squires (Parks Director) with the exception of the health insurance transfer in the amount of $12,000.00. Mr. Trippe requested that the third transfer of $12,000.00 be sent back to the Finance Committee.
At this time, Mr. Kendrick presented the following Resolution for Council’s consideration:
Resolution No. 09-146
(A Resolution amending the General Fund Budget for the fiscal year 2008/2009 to provide for the following transfers for the Park and Recreation Department: $5,000.00 to Line Item No. 20-510500/ Overtime from Line Item No. 20-510400/ Wages and $4,500.00 to Line Item No. 20-510800/ Pension from Line Item No. 20-510400/ Wages)

Mr. Trippe moved for the adoption and enrollment of Resolution No. 09-146 providing for the transfer of $5,000.00 to Line Item No. 20-510500/ Overtime from Line Item No. 20-510400/ Wages (On call maintenance and tournaments) and $4,500.00 to Line Item No. 20-510800/ Pension from Line Item No. 20-510400/ Wages/ Park and Recreation Department.
Mr. Underwood asked if the Council had any questions or comments regarding the Committee’s recommendation. There was no response from the Council.
On a voice vote, the motion carried without dissent.
Mr. Underwood stated that the $12,000.00 transfer request would be referred back to the Finance Committee.
Mr. Smith stated that the Public Safety Committee met and voted 4 - 0 to recommend sending the request for consideration of concerns regarding Taipei at 471 Greensprings Highway back to the full Council to set a Public Hearing as requested by Chief Phil Dodd/ Police Department.
Chief Phil Dodd (Police Department) addressed the Council. Chief Dodd stated that he had met with Mr. Scott Wolfe (Taipei 101 Sushi and Asian Bistro) on two occasions and he believed the issues had now been resolved. Chief Dodd further stated that Mr. Wolfe was a new businessman who was not from this area and he had some problems understanding exactly what he needed to do. Chief Dodd added that Mr. Wolfe did have his business open after 2:00 a.m., but once he was cited for that, he immediately asked for a meeting and had a nice cordial conversation where copies of the ordinance were provided to him. Chief Dodd further added that Mr. Wolfe had apologized for his actions, there was also no history associated with Taipei, and he had no issues with the business keeping its business license.
Mr. Scott Wolfe (Taipei 101 Sushi and Asian Bistro/ 471 Greensprings Highway) addressed the Council. Mr. Wolfe stated that as a first-time business owner in Homewood, he did not understand the City’s regulations. Mr. Wolfe apologized for his mistake and asked the Council to give him one more chance.
Mr. Smith asked Mr. Wolfe if he had obtained his business license.
Mr. Scott Wolfe again addressed the Council. Mr. Wolfe stated that he had obtained his business license.
Mr. Smith then moved to drop the request for consideration of concerns regarding Taipei at 471 Greensprings Highway. Ms. Holladay seconded the motion.
Mr. Underwood asked if the Council had any questions or comments regarding this motion. There was no response from the Council.
On a voice vote, the motion carried without dissent.
Mr. Underwood stated that this matter would be dropped from the agenda.
Mr. Trippe stated that the Finance Committee met and voted 3 - 0 to recommend transferring $23,319.00 from Line Item No. 01-22-5-104.00/ Wages to Line Item No. 01-22-5-103.00/ Salaries/ Traffic Maintenance Department as recommended by Mr. Jody Chesnut/ Traffic Maintenance Department.
At this time, Mr. Kendrick presented the following Resolution for Council’s consideration:
Resolution No. 09-147
(A Resolution amending the General Fund Budget for the fiscal year 2008/2009 to provide for the following transfer for the Traffic Maintenance Department: $23,319.00 from Line Item No. 01-22-5-104.00/ Wages to Line Item No. 01-22-5-103.00/ Salaries)

Mr. Trippe moved for the adoption and enrollment of Resolution No. 09-147.
Mr. Underwood asked if the Council had any questions or comments regarding the Committee’s recommendation. There was no response from the Council.
On a voice vote, the motion carried without dissent.
The next item on the agenda under Old Business was the request for consideration of a line item transfer for Trust Building Services/ General Government.
Mr. Trippe stated that the Finance Committee met and voted 3 - 0 to recommend transferring $7,668.00 to Line Item No. 01-11-5-204.60/ Janitorial Services/ General Government from Line Item No. 01-11-5-205.00/ Personnel Board/ General Government/ 2008/2009 General Fund Budget as requested and recommended by the City Clerk.
Mr. Kendrick, at this point, presented the following Resolution for Council’s consideration:
Resolution No. 09-148
(A Resolution amending the General Fund Budget for the fiscal year 2008/2009 to provide for the transfer of $7,668.00 to Line Item No. 01-11-5-204.60/ Janitorial Services/ General Government from Line Item No. 01-11-5-205.00/ Personnel Board/ General Government/ 2008/2009 General Fund Budget)

Mr. Trippe moved for the adoption and enrollment of Resolution No. 09-148.
Mr. Underwood asked if the Council had any questions or comments regarding the Committee’s recommendation. There was no response from the Council.
On a voice vote, the motion carried without dissent.
Mr. Trippe stated that the Finance Committee met and voted 3 - 0 to recommend an amended request for transfers per Lt. Dan Smith for the Police Department/ Traffic Department 2008/2009 Budgets in the amount of $138,600.00 from Line Item No. 01-14-5-103.00/ Salaries/ Police Department transferred as follows: $95,000.00 to Line Item No. 01-14-510800/ Pension/ Police Department; $15,000.00 to Line Item No. 01-14-550200/ Electricity/ Police Department; $11,500.00 to Line Item No. 01-22-510800/ Pension/ Traffic Maintenance Department; $12,000.00 transfer of funds to Line Item No. 01-14-540300/ Vehicle Maintenance/ Police Department; $1,500.00 to Line Item No. 01-14-540100/ Ground Maintenance/ Police Department; $1,000.00 to Line Item No. 01-14-550300/ Water and Sewer/ Police Department; and $2,600.00 to Line Item No. 01-14-550400/ Telephone/Communications/ Police Department.
Chief Phil Dodd (Police Department) addressed the Council. Chief Dodd stated that as requested by Mr. Trippe, he had verified the amount for the pension transfer request, and that transfer amount actually went down to $91,000.00 instead of the previously requested $95,000.00. Chief Dodd further stated that this was because during the initial count, two employees who were actually paid from 911 Funds had been included in that projected amount.
Mr. Trippe stated that he would recommend amending the recommendation and the resolution to change the requested Pension transfer from $95,000.00 to $91,000.00 making the total amount of transfer from the Salaries account $134,600.00 instead of $138,600.00 and that would be his motion.
At this time, Mr. Kendrick presented the following Resolution for Council’s consideration:
Resolution No. 09-149
(A Resolution amending the General Fund Budget for the fiscal year 2008/2009 to provide for the following transfer of funds for the Police Department and Traffic Maintenance Department: Total transfer of $134,600.00 from Line Item No. 01-14-5-103.00/ Salaries/ Police Department transferred as follows: $91,000.00 to Line Item No. 01-14-510800/ Pension/ Police Department; $15,000.00 to Line Item No. 01-14-550200/ Electricity/ Police Department; $11,500.00 to Line Item No. 01-22-510800/ Pension/ Traffic Maintenance Department; $12,000.00 transfer of funds to Line Item No. 01-14-540300/ Vehicle Maintenance/ Police Department; $1,500.00 to Line Item No. 01-14-540100/ Ground Maintenance/ Police Department; $1,000.00 to Line Item No. 01-14-550300/ Water and Sewer/ Police Department; and $2,600.00 to Line Item No. 01-14-550400/ Telephone/ Communications/ Police Department)

Mr. Trippe moved for the adoption and enrollment of Resolution No. 09-149 as amended. Mr. Hooks seconded the motion.
Mr. Underwood asked if the Council had any questions or comments regarding this motion. There was no response from the Council.
On a voice vote, the motion carried without dissent.
The next item on the agenda under Old Business was the request for consideration of a resolution authorizing payment of invoices for the period August 8, 2009 through August 21, 2009 (Two invoices - Regions charges - withheld by Mr. Trippe).
Mr. Trippe stated that he had withheld the aforementioned invoices simply because they did not have supporting documentation. Mr. Trippe further stated that the documentation had been supplied to the Finance Committee. Mr. Trippe added that the Finance Committee met and voted 3 - 0 to recommend approving those payments as follows: Visa Regions card charges for Lt. James (Mike) Anastasia/ Fire Department in the amount of $1,045.48 and Mr. David Boggan/ Landscape Division/ Park and Recreation Department in the amount of $529.59 per the review and recommendation of Mr. Bischoff and Mr. Trippe.
Mr. Kendrick, at this time, presented the following Resolution for Council’s consideration:
Resolution No. 09-150
(A Resolution authorizing the payment of two invoices withheld by Council Member Trippe from the payment period August 8, 2009 through August 21, 2009 as follows: Visa Regions card charges for Lt. James (Mike) Anastasia/ Fire Department in the amount of $1,045.48 and Mr. David Boggan/ Landscape Division/ Park and Recreation Department in the amount of $529.59)

Mr. Trippe moved for the adoption and enrollment of Resolution No. 09-150 approving two invoices (Visa card charges) withheld from the payment period August 8, 2009 through August 21, 2009.
Mr. Underwood asked if the Council had any questions or comments regarding the Committee’s recommendation. There was some discussion.
On a voice vote, the motion carried without dissent.
The next item under Old Business was the request for reconsideration of Resolution No. 09-131 approving Change Order No. 5 concerning a high pressure water line/ Fire Station No. 1.
Mr. Underwood stated that essentially the request was to rescind Change Order No. 5 due to the fact that shortly after this change order was approved, a cheaper and more expeditious way to proceed was found. Mr. Underwood further stated that rather than shoring up the tank, the Water Works Board had actually agreed to relocate their water line at a cost that would be less than the $7,500.00 previously approved. Mr. Underwood added that this would be funded out of the Small Infrastructure Funds and it would not need to be addressed through the contract.
Mr. Hooks asked if this would be paid out of the Small Infrastructure Fund for this year or next year because if it was out of this year’s money, just as a procedural position, the Mayor would need to declare an emergency and bring it before the Council. Mr. Hooks stated that the Council’s previous resolution required this declaration for Small Infrastructure very specifically.
Mr. Underwood stated that it would be paid out of this year’s money. Mr. Underwood further stated that he would tend to agree that any Capital would have to be covered by that prior action of the Council, so some indication from the Mayor declaring this situation an emergency would be needed.
Mr. Kendrick stated that the rescinding of that previous resolution would have no effect of where the money should come from it simply does away with the previous change order.
Mr. Smith, at this point, moved to rescind Change Order No. 5/ Fire Station No. 1 Project previously approved by Resolution No. 09-131 adopted on August 24, 2009. Mrs. Langlow seconded the motion.
Mr. Underwood asked if the Council had any questions or comments concerning this motion. There was no response from the Council.
On a voice vote, the motion carried without dissent.
Mr. Underwood asked if this matter needed to be handled tonight.
Mr. Tim Coker (Project Manager/ Fire Station No. 1) addressed the Council. Mr. Coker stated that was correct. Mr. Coker further stated that the cost would be between $5,500.00 and $7,500.00.
Mayor McBrayer stated that based on the fact that the Fire Station No. 1 Project was already eight days behind, he was declaring an emergency in this situation.
Mr. Underwood stated that the request before the Council was to authorize the expenditure of up to $7,500.00 from the Small Infrastructure Fund for the relocation of the high pressure water line at Fire Station No. 1 based upon the Declaration of an Emergency by the Mayor.
At this time, Mr. Kendrick presented the following Resolution for Council’s consideration:
Resolution No. 09-151
(A Resolution authorizing up to $7,500.00 for the relocation of a high pressure water line at Fire Station No. 1 to be paid from the Small Infrastructure Fund 2008/2009 Budget based on the Mayor’s Declaration of an Emergency)

Mr. Hooks moved for the adoption and enrollment of Resolution No. 09-151. Mrs. Langlow seconded the motion.
Mr. Underwood asked if the Council had any questions or comments regarding this motion. There was some discussion.
On a voice vote, the motion carried without dissent.
The next item on the agenda under Old Business was Item No. 28.11.09 which was removed from the Consent Agenda - Request to re-consider the alternate for the Bi-Fold doors at the new Fire Station.
Mrs. Langlow requested that the matter be carried over on the Council agenda to allow an additional two weeks for Mr. Tim Coker (Project Manager) and Chief John Bresnan (Fire Department) to work on decreasing the price and determining where there might be savings to support it.
Mr. Smith stated that as he understood it, since this matter was coming from the committee, there was a pending motion on the floor.
Mr. Underwood stated that this matter was coming from the Finance Committee with a recommendation to drop.
Mr. Underwood asked if the Council had any questions or comments regarding the Committee’s recommendation to drop the item.
Mr. Hooks stated that this particular issue had been debated multiple times, and at the last Finance Committee meeting, Chief Bresnan had stated that he realized it had been voted down, but he really thought some money would be saved and there would be an opportunity to do this. Mr. Hooks further stated that it had been debated very clearly and it continued to be brought back before the Council. Mr. Hooks added that if it was carried over for two weeks, he felt the Council would see it again in another two weeks, and it needed to be dropped tonight.
Mr. Smith asked if the additional information that was being sought would cause an increase in the cost of the doors from the current door regardless.
Chief Bresnan (Fire Department) addressed the Council. Chief Bresnan stated that it would increase the cost.
Mr. Smith stated that given that the Finance Committee was looking at a projected $3 million deficit between projected revenues versus requested expenditures, that was important information.
Mrs. Langlow stated that all she was asking was that they be given two weeks to see what figure it could be decreased to and then look at what cost savings might be coming up in the project that could pay for the doors.
Mr. Underwood reminded the Council that the motion on the floor was the Finance Committee’s recommendation to drop the item.
Upon roll call, the votes were Ayes: Smith, Holladay, Moody, Payne, Hooks, Trippe and Underwood. Nays: Scott, Jones, McClusky and Langlow. The motion carried by a vote of 7 to 4.
Mr. Underwood stated that the aforesaid matter would be dropped from the agenda.
Mr. Underwood stated that at this time he would like to consider the Committee Referral Agenda.
Mr. Underwood reminded the Council that the following items of New Business had been added to the Committee Referral Agenda: Item No. 16.12.09 - Request to consider a transfer of approximately $14,800.00 from Line Item No. 01-14-510300/ Salaries to Line Item No. 01-14-530500/ Fuel/ Police Department (Recommended referral to the Finance Committee), and Item No. 17.12.09 - Request for consideration to transfer funds to cover Council travel for the National League of Cities national committee responsibilities (Recommended referral to the Finance Committee).
Mr. Underwood stated that in regard to Item No. 11.12.09 on the Consent Agenda (Request to consider seeking Request for Proposals [RFP’s] re: City-owned properties), the committee was not specified, so without objection, that matter would be referred to the Finance Committee.
Mr. Underwood asked if there was any objection to the Committee Referral Agenda as presented:
COMMITTEE REFERRAL AGENDA

01.12.09 Request for consideration for the adoption of the 2008-2009 Annual Classification Survey (no recommended classifications for the City of Homewood) - Jefferson County Personnel Board/ Mayor Scott McBrayer - FINANCE COMMITTEE

02.12.09 Request for consideration of a 020 - Restaurant Retail Liquor license application for Alimar Inc. d/b/a Aladdins Grill at 148 Wildwood Pkwy. - Ammar Abdullah Shaker/ City Clerk - PUBLIC SAFETY COMMITTEE

03.12.09 Request for consideration of a variance to the Sign Ordinance at 14 Green Springs Highway (Pizza Hut) - David Brandt/ Greg Cobb/ Engineering Department - SPECIAL ISSUES COMMITTEE

04.12.09 Request for consideration of a variance to the Tent Ordinance at 816 Green Springs Highway - Mike Mazer/ Mazer Furniture and Appliance/ Greg Cobb/ Engineering Department - SPECIAL ISSUES COMMITTEE

05.12.09 Request for consideration to declare computer equipment surplus property from the IT Department - City Clerk - FINANCE COMMITTEE

06.12.09 Request for consideration of Change Order No. 6 re: proposal and approval of contract for Gonzalez-Strength in the amount of $1800.00 for a sanitary sewer re-built - Tim Coker/ Project Manager/Fire Station No. 1/ Chief Bresnan/ Fire Department - FINANCE COMMITTEE

07.12.09 Request for consideration of creating the position of Personnel Technician Grade 18 - Mayor Scott McBrayer/ J.J. Bischoff/ Chief of Staff - FINANCE COMMITTEE

08.12.09 Request for consideration of transfers for utilities for City Hall and facilities at Bagby Drive relating to Administrative and General Government departments - City Clerk - FINANCE COMMITTEE

09.12.09 Request to consider establishing no parking zone near 344 Edgeview Avenue - Anthony Smith - PUBLIC SAFETY COMMITTEE

10.12.09 Request to consider drainage issues on Edgeview Avenue - Anthony Smith - PUBLIC WORKS COMMITTEE

11.12.09 Request to consider seeking Request for Proposals (RFPs) re: city-owned properties - Jeff Underwood/Council President
FINANCE COMMITTEE

16.12.09 Request to consider a transfer of approximately $14,800.00 from Line Item No. 01-14-510300/ Salaries to Line Item No. 01-14-530500/ Fuel/ Police Department - Chief Phil Dodd/ Police Department
FINANCE COMMITTEE

17.12.09 Request for consideration to transfer funds to cover Council travel for the National League of Cities national committee responsibilities - Jeff Underwood/Council President
FINANCE COMMITTEE

There being no objections to the amended Committee Referral Agenda as presented, Mr. Smith moved to approve the Committee Referral Agenda. Ms. Holladay seconded the motion.
Mr. Underwood asked if the Council had any questions or comments regarding this motion. There was no response from the Council.
On a voice vote, the Committee Referral Agenda as amended was approved without dissent.
The first item of business on the agenda under the Other New Business Agenda was the request for consideration to set a Public Hearing to consider declaring the property located at 841 Forrest Drive a public nuisance due to excessive growth.
Mr. Scott Cook (Code Enforcement/ Police Department) addressed the Council. Mr. Cook stated that he had received complaints on the vacant house at 841 Forrest Drive due to the excessive growth in the yard. Mr. Cook further stated that notices had been sent to the property owner who had contacted him requesting additional time to mow and clean the yard. Mr. Cook requested that this matter be carried over.
Mr. Smith asked if there would be any objection to setting a Public Hearing and then carrying it over, or if it had been taken care of, dropping it at that point.
Mr. Underwood stated that a Public Hearing would be held on September 28, 2009, to consider declaring the property located at 841 Forrest Drive a public nuisance due to excessive growth.
The next item under the Other New Business Agenda was the request for consideration to set a Public Hearing to consider declaring the property located at 527 Poinciana Drive a public nuisance due to excessive growth.
Mr. Scott Cook (Code Enforcement/ Police Department) again addressed the Council. Mr. Cook stated that 527 Poinciana Drive was another vacant house and notices were sent to the property owner in California. Mr. Cook further stated that the property had been mowed and taken care of and he was requesting that this matter be dropped.
Mr. Smith then moved to drop the request to consider declaring the property located at 527 Poinciana Drive a public nuisance due to excessive growth. Mrs. Langlow seconded the motion.
Mr. Underwood asked if the Council had any questions or comments regarding this motion. There was no response from the Council.
On a voice vote, the motion carried without dissent.
Mr. Underwood stated that this matter would be dropped from the agenda.
The next item on the agenda under Other New Business was the request for consideration of a resolution authorizing payment of invoices for the period August 22, 2009 through September 11, 2009.
Mr. Trippe stated that he had reviewed the invoices for the period August 22, 2009 through September 11, 2009 for the Finance Committee, and most of his questions had been answered sufficiently, but he did have some questions for Mr. Tim Coker. Mr. Trippe further stated that there were a series of invoices from Veterans Landscape and The Stewart Perry Company on the Fire Station No. 1 Project that indicated that Mr. Coker had reviewed them, but the invoices from the suppliers on that project did not indicate that same review and approval. Mr. Trippe added that he had noticed that those invoices for materials also listed the tax. Mr. Trippe asked Mr. Coker if he had an opportunity to review those invoices, and if not, could he do so.
Mr. Tim Coker (Project Manager/ Fire Station No. 1 Project) addressed the Council. Mr. Coker stated that the individual material invoices were not requiring his approval, but he could start reviewing them if need be. Mr. Coker further stated that each one of those invoices go to the City Clerk’s Office for payment where the amount of material invoices were validated against their direct payments to date and then the credit was given for additional taxes to be credited against the contracts. Mr. Coker added that the City would pay only the material invoice without tax.
Mr. Kendrick stated that the original contract price that the City awarded to the contractors on the Fire Station No. 1 Project included the sales tax that they would have to pay. Mr. Kendrick further stated that the City would pay the amount of the material invoice minus the taxes, but the City should get a deduction in the overall contract price by the amount of the taxes that were being saved by making payment directly for the materials.
Mr. Hooks stated if the contractors bid the taxes, then they needed to be calculated to ensure the City was getting the deduction.
Mr. Trippe stated that he had pulled those invoices just to make sure that the exact total tax for that deduction was being tracked.
Mr. Tim Coker (Project Manager) again addressed the Council and stated that he would track those invoices and they were also being tracked by Accounts Payable in the City Clerk’s Office.
Mr. Trippe stated that with that assurance from Mr. Coker that he would track those invoices for the City, he was satisfied with all of the invoices for the payment period August 22, 2009 through September 11, 2009, and he would recommend payment of those invoices.
Mr. Kendrick, at this point, presented the following Resolution for Council’s consideration:
Resolution No. 09 - 152
(A Resolution authorizing payment of the vouchers for all funds as listed in Exhibit “A” as attached to the Resolution for the payment period beginning August 22, 2009 through September 11, 2009)

Mr. Trippe moved for the adoption and enrollment of Resolution No. 09-152 authorizing payment of the invoices for the period August 22, 2009 through September 11, 2009. Mrs. Langlow seconded the motion.
Mr. Underwood asked if the Council had any questions or comments regarding this motion. There was no response from the Council.
On a voice vote, the motion carried without dissent.
The next item under the Other New Business Agenda was the recommendation regarding Council Committee assignments.
Mr. Underwood stated that there were several vacancies on Council committees created when Mr. Bischoff joined the Mayor’s staff. Mr. Underwood then presented his recommendation with regard to several changes in the current Council committee assignments as follows: (1) Council Member Walter Jones to be added to the Finance Committee; (2) Council Member Patrick McClusky to be added to the Public Safety Committee and the Public Works Committee; (3) Council Member Vance Moody, who was currently serving as Interim Chairperson of the Public Works Committee, to take on that job as Chairperson of the Public Works Committee on a permanent basis; and (4) Council Member Walter Jones to be removed from the Special Issues Committee and Council Member Patrick McClusky to take Mr. Jones’ place on the Special Issues Committee. Mr. Underwood further stated that as part of this recommendation, he would like to recommend that Mrs. Langlow serve as the liaison to the Homewood City Schools Foundation. Mr. Underwood added that Mr. Payne had indicated that he was no longer able to chair the Ad Hoc Communications Sub-Committee, so his recommendation would be that this committee be disbanded. Mr. Underwood further added that there were two pending items in the Ad Hoc Communications Sub-Committee that would be referred to the Committee of the Whole.
Mr. Trippe, at this time, moved to approve the aforesaid recommendations as stated by the Council President. Mrs. Langlow seconded the motion.
Mr. Underwood asked if the Council had any questions or comments regarding this motion.
Mr. Jones stated that he was currently the liaison to the Board of Education and he would like to know if that would remain.
Mrs. Langlow stated that the City Schools Foundation was something she had done for a long time and it had nothing to do with the Board of Education liaison position.
On a voice vote, the motion carried without dissent.
The next item on the agenda under the Other New Business Agenda was the request from Do Di Yo’s Restaurant regarding issuance of necessary licenses.
Mr. Smith stated that he had been contacted as Chair of the Public Safety Committee by Do Di Yo’s Restaurant with a dilemma that had resulted from the new procedure whereby someone applying for a liquor license had been requested to first obtain their Homewood business license. Mr. Smith further stated that the procedure created a time gap that could potentially occur whereby someone would have to wait until they obtained their business license before they could get on the Council agenda for consideration for a liquor license, creating a two to three week gap between the time they would otherwise be entitled to open business and start selling alcohol. Mr. Smith added that a possible solution to this dilemma would be to treat the business license situation like the Police and Fire Department approvals whereby those approvals were not required in order for someone to get on the agenda, but the approvals were required before the Council issued the no objections on the liquor license. Mr. Smith further added that by doing so, the process could at least be moved along and the gap shortened, but still provide the assurance that the business license was obtained before the business could start selling alcohol.
Mrs. Cook stated that the Jefferson County Health Department had to issue a permit on a restaurant as part of the application process for a new business, which was not a policy, but a requirement. Mrs. Cook further stated that she just wanted to bring to the Council’s attention that the application from the ABC Board for this particular restaurant was yet to be received, so there was really nothing to put before the Council if they had their business license at this time.
Following some discussion, Mr. Underwood stated that the aforesaid matter would be referred to the Public Safety Committee for further discussion.
Mr. Underwood stated that he would like to consider board vacancies as the next order of business.
Mr. Hooks stated that there were two current members of the Environmental Commission that were eligible for re-appointment to At-Large positions, Ms. Michelle Blackwood and Mr. Henry Hughes, and there were no other applicants other than those for those positions.
Mr. Hooks then moved to re-appoint Ms. Michelle Blackwood (401 Woodland Drive) and Mr. Henry Hughes (357 Lucerne Boulevard) to the Environmental Commission/ At-Large positions. Mr. Hooks stated that the terms for Ms. Blackwood and Mr. Hughes would expire September, 2013. Mr. Smith seconded the motion.
Mr. Underwood asked if the Council had any questions or comments regarding this motion. There was no response from the Council.
On a voice vote, the motion carried without dissent.
Mr. Hooks requested that the application period for the third At-Large position be opened and re-advertised
Mr. Underwood stated that at some point he would establish what the posting date would be.
Mr. Smith stated that the Public Safety Committee would meet on Monday, September 21, 2009 at 5:45 p.m.
Ms. Holladay stated that the Special Issues Committee would meet on Monday, September 21, 2009 at 6:15 p.m.
Mr. Moody stated that the Public Works Committee would meet on Monday, September 21, 2009 at 5:15 p.m.
Ms. Langlow stated that the Planning and Development Committee would meet on Monday, September 21, 2009 at 7:00 p.m.
Mr. Trippe stated that the Finance Committee would meet on Monday, September 21, 2009 at 7:30 p.m.
Mayor’s Comments:
First of all, several of you were at the 9/11 service Friday, so thank you for that. It was a very nice event. I know Lisa and the Police Department, along with our Chief and Deputy Chief, Chief Bresnan, J. J. Bischoff, Berkley Squires, Lee Garrett, put a lot of work went into that to make sure that Homewood was well represented. There were a lot of good comments on that service and it was a pretty emotional event. Thanks to everyone involved and Walter did a great job singing. It was very good so thank you for doing that.

I think you have all seen your hard hats that Tim has given to everyone. Any of you that would like to go by the new fire station the walls are going up so make sure you take those with you if you want to go. Tim is doing a great job and I appreciate what he is doing. We don’t have a date set for a ribbon cutting, but if you have anybody that you in particular would like to have as an invited guest, if you would let either my office or J. J. know, we will do our best to make sure those people are invited. Again, we are eight days behind due to weather. There’s not a lot we can do about that, but, Tim, I appreciate all you are doing managing that project.

A lot of you know Mary Ann with the Street and Sanitation Department if you have ever had to call over there. She is going to be out for quite a while. She is having some health problems, so keep her in your thoughts and prayers.

This coming Friday, we will have the Homecoming Parade and homecoming game. We are playing Oak Mountain. This past Friday we had a field dedication to Coach Newton and that was a really nice event that honored somebody that has put a lot of years of service into Homewood and the kids coming through the system. He has really done a good job and I think the name of it will be Bob Newton Field at Waldrop Stadium. Thanks to all of you who attended that event.

Lastly, I would like to thank and congratulate Debbie Fout, who is here tonight, for the work she has done. She has obtained a $10,000.00 grant for the Library. I believe it is going to be for landscaping the courtyard. A lot of paperwork as you know is involved in those kind of things, but she was willing to do all of that and get that for the City. We are very grateful to her for doing that. I think that was one of the first ones that she had obtained.

There being no further business to come before the Council, the meeting was, on a motion duly made, adjourned.